Il Ponte Casa d'Aste - Conditions of purchase



1. Important information for potential buyers1.1 The lots are offered for sale by Il Ponte - Casa d’Aste Srl, a companywith registered office in Milan, Via Pontaccio 12 (20121), VAT and MilanCompany Register no. 01481220133, fully paid share capital of Euro34,320.00 (Il Ponte), acting in the name and on behalf of the Seller as agentwith representation of the same, except for the cases in which Il Ponte is theowner of the lot. Seller means any individual or company owning the lotoffered for sale by auction by Il Ponte.1.2 These Terms and Conditions of Sale may be modified by means of anotice posted in the auction room or via an announcement made by theauctioneer before the auction begins. Potential purchasers should consult thesite www.ponteonline.com (Website) to review the most current informationon the lots in the catalogue.1.3 The estimates published in the catalogue are an indication for potentialbuyers and are expressed in Euro: the starting price for the auction and theHammer Price (i.e. the price at which a lot is sold at an auction by theauctioneer) can be higher or lower than the evaluations indicated.1.4 Il Ponte can organize a preview of the lots for sale before the auction,with the purpose of allowing the participants to examine the quality andstate of preservation of the object being sold at the auction. All potentialbuyers are required to examine in advance the conditions of each lot,carrying out all the necessary verifications, with the prior consent of IlPonte . During the exhibition, the staff of Il Ponte will be available topotential buyers to provide an updated illustration of the objects in question,if available.1.5 The illustrations in the catalogue are provided only to identify the lot.The lack of explicit references in the auction catalogue regarding theconditions of a given lot does not imply that the lot is free fromimperfections.To supplement the descriptions contained in the catalogue, Il Ponte makesavailable, upon request, condition reports on the status of each lot.1.6 All objects of an electrical or mechanical nature are to be consideredsolely on the basis of their artistic and decorative value and are not to beconsidered functional. Before using any such object of a sold lot, it is best tohave any electrical system therein certified by a qualified electrician.1.7 All written or verbal representations provided by Il Ponte, includingthose contained in catalogues, reports, comments or evaluations, regardingany characteristic of a lot - e.g. authorship, authenticity, provenance,attribution, origin, date, age, period, cultural origin or source, its quality,including its price or value - merely reflect opinions and may be reviewedby Il Ponte and, if necessary, amended before the lot is offered for sale.Except in cases of wilful misconduct or gross negligence, neither Il Pontenor its directors, employees, contractors or consultants can be held liable forerrors or omissions contained in these representations.1.8 Except in the case of wilful misconduct or gross negligence, neither IlPonte nor its directors, employees, contractors or consultants will be liable for acts or omissions relating to the preparation or conduct of an auction orany matter relating to the sale of the lot.1.9 Without prejudice to the provisions set forth by Art. 1.7 and 1.8, anyliability of Il Ponte vis-à-vis the Buyer (the individual or company whomakes the highest bid in the auction accepted by the auctioneer) inconnection with the purchase of a lot is limited to the Hammer Price and thebuyer's premium paid to Il Ponte by the Buyer.1.10 The fall of the auctioneer's hammer determines the acceptance of thehighest bid and the price at which a lot is sold by the auctioneer to theBuyer. The fall of the auctioneer's hammer also determines the conclusionof the purchase contract between the Seller and the Buyer.2. Bids2.1 Bids may be submitted in person in the room during the auction, in awritten offer before the auction begins, by phone or via the internet (in thelatter case only if the specific auction admits this possibility).2.2 The offer and sale by Il Ponte of lots over the internet or by using thephone are both distance contracts governed by Chapter I, Title III (Articles45 et seq.) of Legislative Decree 6 September 2005, no. 206 (ConsumerCode) and Legislative Decree 9 April 2003, no. 70, which include theregulations of electronic commerce.2.3 Bids are generally increased by 10% unless otherwise determined by theauctioneer and communicated before the auction begins.2.4 In the event bids of an equal amount are submitted through the samemethod (that is presented in the auction room, by telephone, in writing oronline), Il Ponte will take into consideration only the bid received first.2.5 Where a dispute arises concerning the successful bid, the lot may bewithdrawn from the auction - at the sole discretion of the auctioneer - orrelisted for auction on the same day (in this case, the bids relating to the lotmade previously will no longer be taken into account).2.6 At its own discretion, Il Ponte has the right to exclude anyone fromparticipating in the auctions; in particular, Il Ponte may refuse to allow anypotential buyer who has not previously fulfilled his obligations to Il Ponte,even by way of compensation, to participate in the auction.2.7 The auctioneer conducts the auction starting from the bid he considerssuitable. The auctioneer can put consecutive bids or respond to other bids inthe interest of the Seller up to the Reserve Price (the minimum price agreedconfidentially between Il Ponte and the Seller, below which the lot will notbe sold).2.8 At any time Il Ponte has the right to withdraw any lot offered for sale.The auctioneer has the right, at his sole discretion, to combine or separatelots and to vary the order of sale from the one indicated in the catalogue,provided that the lot is not offered for sale any day prior to the one indicatedin the auction catalogue.2.9 In regard to each potential buyer, Il Ponte reserves the right tosubordinate participation in the auction to the presentation of a letter of bankreferences or the deposit of a sum that guarantees the proper fulfilment of the obligations laid down in these Terms and Conditions of Sale, which willbe returned once the auction has ended.3 Bids in the auction room3.1 To participate in the auction in person, it is necessary to have theappropriate numbered paddle, which is issued by the staff of Il Ponte at theregistration desk, upon filling in the auction registration form and uponexhibiting the identity document of the potential buyer. Bidders shall placetheir bids by raising the numbered paddle.3.2 Il Ponte invites potential buyers to pick up their numbered paddle aheadof time and informs them that they can also register for the auction duringthe exhibition period held prior to the auction. The loss of a numberedpaddle must be reported immediately to Il Ponte, who will give the potentialbuyer a new numbered paddle. The numbered paddle must be returned to IlPonte at the end of the auction.3.3 Immediately after the successful bid, the Buyer shall sign a sale report.3.4 Each lot sold in the auction room will be invoiced on the basis of thepersonal information and address provided when the numbered paddle isissued.3.5 It is possible to participate in the auction on behalf of a third person. Theagent, when registering for the auction, must present a proxy signed by theprincipal with an attached copy of the identity document and tax code ofboth the principal and the agent; if the principal is a company, the proxymust be signed by the legal representative thereof or by an agent with powerof attorney, whose identity document and tax code must be attached to theproxy. In any case, Il Ponte reserves its right to prevent the agent fromparticipating in the auction when, at its sole discretion, it deems that thepower of attorney has not been sufficiently demonstrated.3.6 Under no circumstances shall bids be accepted “without limits” or “uponexamination”.4 Bids submitted in writing4.1 Written bids may be submitted by filling in the “Written telephone bid”form (Form) annexed to the auction catalogue or available for downloadfrom www.ponteonline.com (Website).4.2 The Form shall be sent to Il Ponte at least 24 hours before the start of theauction : either i) by fax to +39 02.72022083 (for auctions organized at the IlPonte offices in Milan, Via Pontaccio 12) or to +39 02.36633096 (forauctions organized at the Il Ponte offices in Milan, Via Pitteri 8/10), or b) bysending an email in pdf format to info@ponteonline.com (or the emailaddress of the relevant department of Il Ponte provided on the Website or inthe auction catalogue), in all cases the required documentation specified inthe Form must be enclosed; in case of failure to provide the requireddocumentation, Il Ponte does not guarantee that it will accept the bidsindicated in the Form. Il Ponte will accept only bids equal to or higher than80% of the minimum estimate indicated in the catalogue with respect to thelot for which the bid is submitted.4.3 Written bids will only be accepted if rounded to a multiple of ten;otherwise, Il Ponte will consider the offer as being rounded down to thenearest multiple of ten (for example, a written offer of € 238.00 will beconsidered by Il Ponte as a bid of € 230.00).4.4 Il Ponte, in allowing potential buyers to raise bids, will take into accountboth the Reserve Price and the other bids, so as to attempt to sell the lot forwhich a written bid was submitted at the lowest possible Hammer Price. Theamounts specified in the Form shall be meant as maximum amounts. IlPonte will not take into consideration bids for unlimited amounts or bids foran unspecified amount.4.5 Il Ponte is not responsible for any errors made by the potential buyer incompleting the Form. Before sending the Form to Il Ponte, the potentialbuyer is required to verify that the lot description indicated in the Formcorresponds to the good that he intends to buy; in particular, the potentialbuyer is required to verify that the auction catalogue number and the lotdescription correspond. In the case of discrepancy between lot number andlot description, Il Ponte will make the bid on behalf of the potential buyer byreferring exclusively to the lot number.4.6 At the end of the auction, the Buyer will be informed by Il Ponte viaemail that his bid was succesful; in any case, each potential buyer is invitedto contact Il Ponte at the contact details indicated in Article 16 in order tocheck if his bid was succesful.4.7 In case a written bid and a bid made in person in the auction room, bytelephone or online are placed for the same amount, the latters shall prevailwith respect to the written bid.4.8 Pursuant to Article 59, paragraph 1, letter m) of the Consumer Code, ifthe auction sale contract is concluded with a Buyer who has made a writtenoffer, and he may be qualified as a consumer under Article 3, paragraph 1,letter a) of the Consumer Code, the Buyer will not have the right ofwithdrawal, as the selling method used is a public auction, as defined byArticle 45, paragraph 1, letter o) of the Consumer Code.5 Bids submitted by telephone5.1 By filling in and submitting the Form, a potential buyer can participatein the auction and make telephone bids.5.2 The Form must be sent to Il Ponte at least 24 hours before the start of theauction - by fax to +39 02.72022083 (for auctions organized at the Il Ponteoffices in Milan, Via Pontaccio 12) or to +39 02.36633096 (for auctionsorganized at the Il Ponte offices in Milan, Via Pitteri 8/10), or by sending anemail in pdf format to info@ponteonline.com (or to the email address of therelevant department of Il Ponte provided on the Website or in the auctioncatalogue), in all cases enclosing the required documentation specified inthe Form.5.3 Following the receipt of the duly completed Form, Il Ponte will contactthe potential buyer at the phone number indicated in the Form before thesale of the lot for which the potential buyer intends to make telephone bids.5.4 The minimum estimate indicated in the catalogue in reference to each lotfor which potential buyers intend to make telephone bids must be at least €100,00; otherwise, Il Ponte will not contact the potential buyer nor will hebe able to make telephone bids for the lot.5.5 If, for any reason, including technical reasons, Il Ponte is not able totelephone the potential buyer, Il Ponte will have the right to bid on behalf ofthe potential buyer, in regard to each lot specified in the Form, up to aHammer Price equal to the maximum bid listed by the potential buyer in theForm, or if that maximum bid is not reached, up to the minimum estimateindicated in the catalogue for that lot.5.6 Il Ponte is not liable in any way for any delay in or failure to maketelephone bids arising from the malfunction of the telephone line, except forwilful misconduct or gross negligence.5.7 Telephone conversations during the auction will be recorded. The staffof Il Ponte is able to make phone calls in Italian, English, German, Frenchand Chinese.5.8 Pursuant to Article 59, paragraph 1, letter m) of the Consumer Code, ifthe auction sale contract is concluded with a Buyer who has made an offerby telephone, and he may be qualified as a consumer under Article 3,paragraph 1, letter a) of the Consumer Code, the Buyer will not have theright of withdrawal, as the selling method used is a public auction, asdefined by Article 45, paragraph 1, letter o) of the Consumer Code.6 Bids submitted online6.1 Il Ponte will give notice on its Website (at least 24 hours before theauction starts) and/or in the auction catalogue if bids can be made online, viathe Website or sites operated by third parties.6.2 Online bids are regulated both by these Terms and Conditions of Saleand by the “Additional conditions for the submission of online bids”available on the Website or on request. In the event of inconsistencybetween these Terms and Conditions of Sale and the “Additional conditionsfor the submission of online bids”, the latter shall prevail.6.3 For information about registering for the auction and submitting onlinebids, please refer to the Website.6.4 Pursuant to Article 59, paragraph 1, letter m) of the Consumer Code, ifthe auction sale contract is concluded with a Buyer who has made an onlinebid, and he may be qualified as a consumer under Article 3, paragraph 1,letter a) of the Consumer Code, the Buyer will not have the right ofwithdrawal, as the selling method used is a public auction, as defined byArticle 45, paragraph 1, letter o) of the Consumer Code.7 Payment7.1 In the event of a successful bid, the Buyer shall pay the Hammer Priceof the lot to Il Ponte, in addition to a buyer's premium of 25% (if the auctionwas held at the saleroom of Il Ponte in Milan, Via Pontaccio 12) or 35% (ifthe auction was held at the saleroom of Il Ponte in Milan, Via Pitteri 8/10)of the Hammer Price (in addition, to the payment of any other amount dueto Il Ponte under these General Terms and Conditions related to the lot sold)(Amount Due).7.2 The Buyer undertakes to pay the Amount Due no later than ten daysfrom the day following the date of the sale.7.3 The transfer of ownership of the lot will take place only when paymentis made by the Buyer of the Amount Due.7.4 In the event of failure to pay or delay in payment by the Buyer, in wholeor in part, of the Amount Due, Il Ponte has the right to request the fulfilmentor to terminate the sale contract pursuant to Article 1456 of the Civil Code,by giving written notice to the Buyer, without prejudice in any case tocompensation for any damages.7.5 Each lot can be paid by cashier’s check, credit card, debit card, banktransfer or cash, within the limits specified in paragraph 7.9.7.6 Payment of the lot can be made in Milan at the offices of Il Ponte in ViaPontaccio 12 or in Via Pitteri 8/10 (according to where the auction washeld) during the following office hours: Mon-Ven. 9 am to 1 pm; 2 pm to5:30 pm (excluding public holidays in Italy).7.7 The following credit cards are accepted: American Express, Diners, Visaand MasterCard. Payment can be made exclusively by the owner of thecredit card.7.8 The bank details for wire transfers are the following: IBAN IT51H0832950860000000011517; Swift code no. ICRAITRR950;Beneficiary: Il Ponte - Casa d’Aste Srl. In the space for “reason forpayment” ( causale ), please provide your full name and the invoice number.7.9 Il Ponte can accept single or multiple payments in cash only for amountsless than € 2,999.99.7.10 Il Ponte has the right to control the source of the payments it receivesand to refuse payments from people other than the Buyer.7.11 Pursuant to Legislative Decree 231/07 and subsequent amendments andadditions and in full compliance with the provisions of Legislative Decree196/2003 (Privacy Code) and EU Regulation 2016/679, Il Ponte will requirefrom all customers the data necessary to the fulfillment of the obligations ofadequate verification of the Customer and of the beneficial owner.8 Delivery and collection of the lot8.1 The lot will be delivered by Il Ponte to the Buyer only after receivingfull payment of the Amount Due.8.2 Il Ponte does not undertakes the obligation to arrange for shipment ofthe lot sold, which must be collected by the Buyer in Milan at the offices ofIl Ponte in Via Pontaccio 12 or in Via Pitteri 8/10 (depending on where theauction was held), within seven days following the day the Amount Due ispaid.8.3 If the buyer does not promptly collect the lot he has paid for within 10 days ofpayment or the issue of the certificate or the export license , Il Ponte will havethe right to proceed to the elimination of the lot, subject to prior notification byregistered mail with return receipt. The buyer acknowledges and accepts that in theevent of elimination of the lot, he will not be entitled to proceed to legal actions orpromote any complaint before the authorities, against il Ponte, which is thereforefree of any any liability.8.4 In the event that the Buyer entrusts the collection of the lot to a thirdparty, said party must be provided with a written authorization of the Buyeras well as a copy of the identity document of both the represented party andhis agent.8.5 At the express request of the Buyer, Il Ponte can arrange, at the Buyer’sexpenses and risk , for the packaging, transport and insurance of the lot,subject to prior notice and written acceptance of the Buyer in relation to therelevant expenses. The shipping may be carried out by a carrier hired by IlPonte, in accordance with the instructions of the Buyer, or hired directly bythe Buyer, depending on the agreement between the parties.8.6 In the event of death, disqualification, incapacitation or termination, forany reason, of the Buyer, duly notified to Il Ponte, it is agreed that Il Pontewill deliver the lot on the basis of an agreement between all the assignees ofthe Buyer or in compliance with the procedures established by the judicialauthority.9 Transfer of risk9.1 A purchased lot is entirely at the risk of the Buyer starting on the earliestof the following: (i) the date the Buyer receives the lot purchased, or (ii) thedate the Buyer pays the Amount Due for the lot; if none of these eventstakes place, the transfer of risk will in any case have effect after the ten (10)day-period of the sale has elapsed.9.2 The Buyer will be compensated for any loss of or damage to the lot thatoccurs after the sale but before the transfer of risk, but the compensationmay not exceed the Hammer Price of the lot plus the buyer's premiumreceived by Il Ponte. Except in cases of wilful misconduct or grossnegligence, in no event will Il Ponte be responsible for the loss or damage ofglass/frames containing or covering prints, paintings or other works unlessthe frame and/or the glass is part of the auctioned lot.9.3 In no event will Il Ponte be liable for any loss or damage: (i) that occursas a result of any action (including restoration or cleaning of the work or theframe) carried out by independent experts hired by Il Ponte with the consentof the Seller (or the Buyer) of the lot; (ii) arising, directly or indirectly,from: (a) changes in humidity or temperature; (b) normal wear and tear orgradual deterioration resulting from interventions on the object and/or flawsor hidden defects (including woodworms and wood parasites); (c) errors intreatment; (d) war, nuclear fission, radioactive contamination, chemical,biochemical or electromagnetic weapons; (e) acts of terrorism.10 Counterfeiting10.1 If, after the sale, a lot turns out to be a counterfeit, Il Ponte willreimburse any Buyer who has requested termination of the sale contract -upon the return of the lot to Il Ponte - in an amount equal to the HammerPrice and the buyer's premium paid, in both cases in the currency in whichthese amounts were paid by the Buyer. The obligation of Il Ponte is subjectto the condition that, no later than five (5) years from the date of sale, theBuyer: (i) gives Il Ponte written notice, within ninety (90) days from thedate on which he received information causing him to believe that the lot is counterfeit, of the lot number, the date of the auction where the lot waspurchased and the reasons why the Buyer believes that the lot is counterfeit;(ii) is able to return the lot to Il Ponte free from any demands or claims bythird parties made after the date of sale, and the lot is in the same conditionas at the date of sale; (iii) provides Il Ponte with the reports of at least twoscholars or independent experts of recognized competence, in which theyexplain the reasons why the lot is to be considered a counterfeit.10.2 Il Ponte will not be bound by the opinions provided by the Buyer, andreserves the right to request additional expert advice at its own expense.10.3 Il Ponte will not make a refund if: (i) the description in the cataloguewas in accordance with the generally accepted opinion of scholars andexperts on the date of the sale or indicated that the authenticity or attributionof the lot was controversial; or (ii) on the date of publication of thecatalogue the counterfeit nature of the lot could be ascertained only bycarrying out analyses generally considered inadequate for that purpose orotherwise not feasible, whose cost was unreasonable or which mightreasonably have damaged or otherwise resulted in a decrease in the value ofthe lot.Under this Article, counterfeit means, in the reasonable opinion of Il Ponte,the imitation of a lot offered for sale, not described as such in the auctioncatalogue, created for the purpose of deception in regard to the authorship,authenticity, provenance, attribution, origin, source, date, age, period of thelot, which on the date of the sale had a value lower than it would have had ifthe lot had corresponded to the description in the auction catalogue. A lotthat has been restored or modified in any way (including repainting orpainting over) does not constitute a counterfeit.11 Export from the territory of the Italian Republic. Declaration of culturalinterest11.1 The export of a lot from the territory of the Italian Republic may besubject to the issuance of a certificate of free circulation or of an exportlicense, in accordance with the requirements of Article 68 et seq. ofLegislative Decree 22 January 2004 no. 42 (Urbani Code). It is the Buyer'sresponsibility to present the declaration required to obtain the issue of acertificate of free circulation and/or the export license; under nocircumstances may Il Ponte be held responsible for the failure to obtain theaforementioned documents.11.2 The failure to grant or the delay in issuing the certificate of freecirculation and/or the export license shall not give rise to the termination orannulment of the sale, nor shall it justify the non-payment or delay inpayment of the Amount Due by the Buyer.11.3 At the Buyer’s request and expenses, Il Ponte may apply for theissuance of the certificate of free circulation and/or the export license,provided that the Buyer has already paid the Amount Due. Il Ponte chargesto the Buyer a fee of € 150.00 (plus VAT) for each work for which anapplication is filed.11.4 Each lot offered for sale at auction can be the subject of a declarationof cultural interest by the Ministry of Culture and Heritage and Tourism in accordance with Article 13 of the Urbani Code. In that case - or if, inrelation to the lot, the proceeding of declaration of its cultural interestpursuant to Article 14 of the Urbani Code has commenced - Il Ponte willcommunicate as much in the catalogue and/or through an announcementmade by the auctioneer before the lot is offered for sale. In the event the lothas been the subject of a declaration of cultural interest prior to its sale, theSeller will report the sale to the competent Ministry pursuant to Article 59of the Urbani Code. The sale is subject to the condition precedent that therelevant Ministry exercises the right of pre-emption within sixty days ofreceipt of such report, or within a period greater than one hundred andeighty days, pursuant to Article 61 paragraph II of the Urbani Code. Duringthe period provided for the exercise of the right of pre-emption, the lotcannot be delivered to the Buyer, pursuant to Article 61 of the Urbani Code.11.5 Please note that the lot marked with § has been imported under atemporary customs licence. The hammer price for the lot will be subject to areduced rate of VAT (currently at a rate of 10%) for EU residents only. Thecost of € 300 regarding the final importation will be at the buyer's expense.Il Ponte casa d'Aste will not be responsible for the delays in paperworkprocedures.11.6 Please note that the lot marked with # has been imported under atemporary artistic importation licence.12 Resale right12.1 If due, the payment of the so-called “resale right” (introduced byLegislative Decree 13 February 2006, no. 118, implementing Directive2001/84/EC) will be paid by the Seller.13 Protected species13.1 Regardless of the issue of a certificate or an export license underArticle 68 et seq. of the Urbani Code, all lots consisting of or containingparts of plants or animals (e.g.: whalebone, crocodile, ivory, coral, turtle),regardless of their age or value, may require a permit or certificate beforeexport, and/or additional licenses and/or certificates for importation intonon-EU countries. The granting of a license or a certificate for import doesnot guarantee the issuing of a license or certificate for export, and viceversa. Il Ponte recommends that potential buyers check their own specificnational legislation regarding requirements for the imports of goods made ofor containing protected species into their country. It is the Buyer'sresponsibility to obtain these import or export licenses/certificates, as wellas any other required supporting document, before making any bid.14 Legal Guarantee of Conformity14.1 All lots sold through Il Ponte are covered by the legal guarantee ofconformity provided for in Articles 128-135 of the Consumer Code (LegalGuarantee).14.2 The Legal Guarantee is given to the consumer (who, pursuant toArticle 3, paragraph I, letter a) of the Consumer Code, is an individual who acts for purposes unrelated to his business, commercial, craft or professionalactivities).14.3 The Seller is liable to the consumer for any lack of conformity existingat the time of delivery of the product and that becomes apparent within twoyears of that delivery. The lack of conformity must be reported to the Sellerwithin two months of the date on which it was discovered, otherwise theguarantee is voided. Unless proved otherwise, it is assumed that any lack ofconformity which becomes apparent within six months of delivery of theproduct already existed on the delivery date, unless this assumption isincompatible with the nature of the product or with the nature of the lack ofconformity. From the seventh month following the delivery of the lot, itbecomes the consumer's burden to prove that the defect existed at the timeof delivery. In order to avail himself of the Legal Guarantee, therefore, theconsumer shall first give proof of the date of the sale and of the delivery ofthe lot. The consumer, in order to be able to provide this proof, shouldtherefore keep all documentation suitable to demonstrate the sale (forexample, the purchase invoice) and the date of delivery or collection of thelot.14.4 With reference to the definition of “lack of conformity”, please refer tothe provisions of Article 129, paragraph II, of the Consumer Code. Excludedfrom the scope of the Legal Guarantee are defects caused by accidentalevents or by responsibilities of the consumer, or by any use of the lot that isincompatible to its intended use.14.5 In the event of a lack of conformity duly reported in the appropriateterms, the consumer is entitled: (i) first of all, to the repair or replacement ofthe lot, at his choice, free of charge, unless the solution requested isimpossible or excessively expensive compared to the other; (ii) second, (incases where repair or replacement is impossible or prohibitively expensiveor the repair or replacement did not take place within a reasonable time orthe repair or replacement made previously caused significant inconvenienceto the consumer) to a reduction in the Hammer Price or the termination ofthe contract, at his choice. The remedy requested is overly burdensome if itimposes unreasonable costs on the Seller with respect to alternativeremedies that may be exercised, taking into account: (i) the value the objectwould have if there were no lack of conformity; (ii) the nature of the lack ofconformity; (iii) the possibility that the alternative remedy could beimplemented without significant inconvenience to the consumer.14.6 If, during the period of validity of the Legal Guarantee, the lotmanifests a lack of conformity, the consumer may inform Il Ponte of thisfact at the contacts provided in Article 16. Il Ponte will reply promptly tocommunications of any alleged lack of conformity and indicate to theconsumer the specific procedure to be followed.15 ContactsIt is possible to ask questions, send information, request assistance or filecomplaints to Il Ponte:- by email: info@ponteonline.com;- by mail: Il Ponte - Casa d'Aste srl, Milan, Via Pontaccio 12 (20121) or ViaPitteri 8/10 (20134);- by phone: +39 02.863141 (offices in Via Pontaccio 12) or +39 02.8631472(offices in Via Pitteri 8/10) (phone numbers are not free of charge andoperate at the following times: Mon-Ven. 9 am to 1 pm; 2 pm to 6 pm, forthe offices in Via Pontaccio 12; 9 am to 1 pm; 2 pm to 5:30 pm for theoffices in Via Pitteri 8/10, in both cases excluding public holidays in Italy);- by fax: +39 02.72022083 (offices in Via Pontaccio 12) or +3902.36633096 (offices in Via Pitteri 8/10);Il Ponte will reply to complaints within five working days of their receipt.16 Jurisdiction and applicable law16.1 The contractual relationship between Il Ponte and the Buyer isgoverned by Italian law. As for consumers who do not have their habitualresidence in Italy, this is without prejudice to the application of morefavourable provisions provided by the Country where consumers have theirhabitual residence.16.2 In the case of consumer Buyers, for any dispute concerning theapplication, implementation and interpretation of these Terms andConditions of Sale, the jurisdiction shall be the location where the consumerresides or is domiciled.16.3 Under Article 141-sexies, paragraph 3 of the Consumer Code, Il Ponteinforms the consumer Buyer that, in the event he has filed a complaintdirectly with Il Ponte, after which however it has not been possible toresolve the dispute, Il Ponte will provide information about the AlternativeDispute Resolution entity or entities for the extra-judicial settlement ofdisputes relating to the obligations arising from any contract concludedunder these Terms and Conditions of Sale (so-called ADR entities, asspecified in Articles 141-bis et seq. of the Consumer Code), specifyingwhether or not it intends to make use of such entities to resolve suchdispute.16.4 Il Ponte also informs the consumer Buyer that a European platform foronline dispute resolution of consumer disputes has been established (theso-called ODR platform). The ODR platform is available athttp://ec.europa.eu/consumers/odr/; through the ODR platform, theconsumer Buyer may consult the list of ADR entities, find the link to thewebsite of each of them and start an online dispute resolution procedure forthe dispute in which he is involved.This is without prejudice of the consumer Buyer's right to appeal to acompetent ordinary court for settlement of the dispute arising from theseTerms and Conditions of Sale, regardless the outcome of the out-of-courtdispute settlement procedure pursuant to Part V, Title II-bis of theConsumer Code.16.5 The Buyer who is resident in an EU member state other than Italy mayalso have access, for any dispute concerning the application, implementationand interpretation of these Terms and Conditions of Sale, to the minordisputes procedure established by Regulation (EC) No. 861/2007 of 11 July2007, provided that the value of the dispute does not exceed, excludinginterest, fees and expenses, Euro 2,000.00. The text of the regulation isavailable on the website www.eur-lex.europa.eu.Additional Terms and Conditions of Sale for Online BiddingThe following Additional Terms and Conditions of Sale for Online Bidding(Terms) apply to online auctions where Il Ponte – Casa d’Aste s.r.l., basedin Milan, via Pontaccio 12 (20121), VAT no. 01481220133, fully paid-upshare capital of Euros 34,320.00 (Il Ponte) allows online bids through theweb site www.ponteonline.com (Web Site) and/or web sites of third parties(Platforms).Each lot is offered for sale by Il Ponte. All auction sale contracts concludedvia online bidding through the Web Site and/or the Platform are distancecontracts governed by Chapter I, Title III of Legislative Decree no.206 of 6September 2005.These Terms are in addition to (and do not replace) the above reproducedTerms and Conditions of Sale, whose definitions will be referred to in theseTerms.By participating in an auction via the Web Site and/or the Platform, thebidder agrees to be bound by the Terms and Conditions of Sale applicable tothe sale and these Terms.1. One-Step Process and Irrevocability of an Online Bid. Exception to theRight of WithdrawalIn order to register for an auction, a copy of a valid ID must be sent toinfo@ponteonline.com. Failure to do so, will make the registrationimpossible. Il Ponte reserves the right to refuse or to revoke registration foran auction at its sole discretion. The process for making a bid through theWeb Site and/or the Platform is a one-step process; the bid is sent as soon asthe bidder clicks the relevant button and it is final. By placing an online bidvia the Web Site and/or the Platform, you accept and agree that bids arefinal and that you are not allowed in any way to amend or revoke it.Moreover, under Article 59, paragraph 1, letter m) of the Consumer Code, ifthe auction sale contract is concluded with a bidder who made an online bidthrough the Web Site and/or the Platform and who may be qualified as aconsumer pursuant to Article 3, paragraph 1, lett. a) of the Consumer Code,the buyer will not be entitled to a right of withdraw, as the contract isconcluded through a public auction, as defined by Article 45, paragraph 1,letter o) of the Consumer Code. If your bid is a successful bid, youirrevocably agree to pay the full purchase price including buyer’s premiumand all applicable taxes and other applicable charges.2. Payment and DeliveryPayment: please refer to Clause 7 of the Terms and Conditions of Sale.Delivery: please refer to Clause 8 of the Terms and Conditions of Sale.3. Competing BidsIf you have the leading bid this will be indicated on the Web Site and/or the Platform. The auctioneer has discretion to vary bidding increments forbidders in the auction room and on the telephones, but bidders via the WebSite and/or the Platform may not be able to place a bid in an amount otherthan a whole bidding increment. All bidding for this sale will be in euros.4. Bidder’s responsibilityBidders on the Web Site and/or the Platform are responsible for makingthemselves aware of all sale room notices and announcements. All saleroom notices will be read by the auctioneer at the beginning, whereappropriate, or during the sale prior to a relevant lot being offered for sale. IlPonte recommends that bidders on the Web Site and/or the Platform log onat least ten minutes before the scheduled start of the auction to ensure thatyou have heard all announcements made by the auctioneer at the beginningof the sale. All sale room notices and announcements form part of theseTerms and the Terms and Conditions of Sale.Il Ponte reserves the right to refuse or revoke permission to bid online viathe Web Site and/or the Platform and to remove bidding privileges during asale.Successful bidders will be notified and invoiced after the sale.5. Il Ponte’s responsibilityIl Ponte will not be responsible for any errors or failures to execute bidsplaced via the Web Site and/or the Platform, including, without limitation,errors or failures caused by (i) a loss of connection to the internet or to theWeb Site and/or the Platform software by either Il Ponte or the client; (ii) abreakdown or problem with the Web Site and/or the Platform software; or(iii) a breakdown or problem with a client’s internet connection, mobilenetwork or computer. Il Ponte is not responsible for any failure to executean online bid or for any errors or omissions in connection therewith.INFORMATION on ART 13 of the G.D.P.R.Pursuant to and for the effects of art. 13 of the New Data ProtectionRegulation (GDPR 2016/679), we inform the Customer (so-called interestedparty) that:1. Owner and other designated personsThe data controller is Il Ponte - Casa D'aste S.r.l. , with registered office inMilan, Via Pontaccio n. 12, in the person of the director, Dr. RossellaNovarini, mail: direzione.generale@ponteonline.com . For the purpose ofreplying to the interested party in case of exercise of rights by the latter, it ispossible to contact Francesca Conte, mail:francesca.conte@ponteonline.com.The appointed DPO is Programmastudio Spa, in the person of the Dr.Pasquale Iannone, tel. 02 2829389, mail: privacy@programmastudio.it.2. Treatment and legal basisPersonal data, freely provided by the Customer to the company on the basisof the activity carried out by virtue of specific contractual regulations, will be treated in a lawful manner, according to correctness, and in accordancewith the provisions of the Regulations, for the purpose of:- fulfilling the mandate to sell and / or participating in the scheduledauctions;- for the purposes established by the current anti-money launderinglegislation (Legislative Decree 231/07 and subsequent amendments).The provision of the above data is mandatory for the holder to be able tocarry out the task assigned to him. In case of refusal to provide the requesteddata, the holder will find it impossible to perform the contractually providedservices, due to fact and fault of the Customer concerned.Personal data such as e-mail address, provided optionally by the Customerto the company on the basis of a specific consent issued by the same, will beprocessed in a lawful and correct manner, as well as in accordance with theRegulation for the purposes of forwarding information, updates and newsregarding new auctions and / or future events.For this purpose the company will collect the consent with electronic and /orwritten modalities.The image will be recorded, by means of a video recording system and asper reported information, in the legitimate interest of the Owner, or in orderto protect the safety of persons and the protection of the company's assets.3. Processing tools and data storage methodsThe data processed (which may be: common and identifying) are updated,complete, relevant and not excessive with respect to the aforementionedpurposes of processing.The same data will be processed, in compliance with the security andconfidentiality required through the following procedures: collection of datafrom the interested party, registration and storage of the same forpredetermined, explicit and legitimate purposes. The same data will beprocessed using both paper and electronic and automated means.Personal data will be processed by the Data Controller as well as byemployees and collaborators authorized to process the data.The data may be communicated, to the public bodies recipients of thecommunications /declarations object of the present contract, as well as to theappointed inspection persons, where required, during the verification andcontrol phases related to the regularity of the fulfilments.The same data, object of this information, can be communicated toprofessionals and /or collaborators of the holder for the accomplishment ofthe assigned task and for the same purposes. Moreover, the data in questionwill not be disseminated beyond the limits specified therein, unlessotherwise indicated by the interested party, provided in writing.It is not the intention of the Data Controller to transfer the data object of thisletter to a third country or to an international organization. It should benoted that the external backup is also performed by an Italian company,therefore also required to comply with the privacy legislation in question,through the use of server sites on Italian territory.There is no automated decision making process.Finally, the interested party is informed that the Data Controller has set up a great variety of security measures to protect data against the risk of loss,misuse or alteration.4. Data retention periodThe data, subject of this information, will be kept:- for 10 years (ten years) from the conclusion of the contractual relationship,for treatment with a contractual legal basis;- 5 years from the withdrawl of consent for treatment with a consensualbasis;- no more than 72 hours, relative to the treatment of images of thevideo surveillance.5. Rights of the interested partyThe interested party has the right:- to ask the Data Controller to confirm or not the possession of personal dataconcerning himself, even if not yet registered, and their communication inan intelligible form, as well as access to personal data, its possible updatingor integration, correction or the cancellation of the same, the transformationof the same in anonymous form or the blocking of those treated in violationof the law, the limitation of the processing that concerns himself or tooppose its treatment, in addition to the right to data portability. Theinterested party also has the right to obtain an indication of the origin ofpersonal data, its purpose and the methods of treatment, as well as the logicapplied in case of treatment carried out with the aid of electronicinstruments;- he may also object in whole or in part to the processing of data concerninghim for the purpose of sending advertising material, direct sales or marketresearch or commercial communications;- he has the right to withdraw the consent at any time, without prejudice tothe lawfulness of the processing performed on the basis of the consent givenprior to the revocation, as well as the right to place a complaint with asupervisory authority.